Doctors given new guidance on how to lawfully access health records

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By Daniel Pye

Accessing health records for “legitimate and appropriate work purposes” is not unlawful, updated NHS England guidance has stated.

The updated document gives examples of lawful and unlawful access to patient records, as the body clamps down on inappropriate use following several high-profile scandals.

Following publication of the original guidance last month, which outlined the potential consequences of unlawfully accessing patient records, the British Medical Association said it had requested some “important clarifications” to outline when it is appropriate for doctors to look up individual health information.

The document states that access based only on curiosity or personal interest is an example of unlawful access. This includes accessing the records of friends, family or colleagues, and those who are subjects of media interest.

It also includes patients that doctors have seen in the past, when they do not have a current authorised and lawful reason to look at their data.

Personal curiosity “is never a legitimate excuse,” the guidance states.